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CONSTITUTION 


BY-LAWS  AND  REGULATIONS 


mwMt  IRbrarg  Association 


CITY  OF  NEW  YORK. 


»      DISCARDED  ^ 


ESTABLISHED    NOVEMBER    9,  1820, 


NEW  YORK: 
BAKER,  GODWIN  &  CO.,  BOOK  AND  JOB  PRINTERS, 

CORNER  NASSAU   AND   SPRUCE  STREETS. 

1  8  5  5  . 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


CONSTITUTION, 
BY-LAWS  AND  REGULATIONS 

OF  THE 

IHcrcanttlc  pkarg  %ssitm&mt 

OF  THE 

CITY  OF  XEW  YOEK. 


ESTABLISHED   NOVEMBER   9,    1  8  2  0. 


NEW  YOEK: 
BAKER,  GODWIN  &  CO.,  BOOK  AND  JOB  PRINTERS. 

CORNER  NASSAU  AND  SPRUCE  STREETS. 
1855. 


Digitized  by  the  Internet  Archive 
in  2014 


http://archive.org/details/constitutionbylaOOmerc 


(DIttrs  of  if*  gissoriation 

FOR  1855. 


PRESIDENT. 

GEORGE  C.  WOOD. 

VICE-PRESIDENT. 

JOHN  CRERAR. 

CORRESPONDING  SECRETARY.  RECORDING  SECRETARY. 

JOSEPH  C.  MORTON.        GEORGE  S.  PARTRIDGE,  Jr. 

TREASURER. 

WILLIAM  H.  TAYLOR. 

DIRECTORS. 

WILLIAM  H.  WICK  HAM,       FLOYD  CLARKSON, 

J.  LAWRENCE  ELDER,  ROWLAND  H.  TIMPSON, 

JOSEPH  F.  HANFORD,  AY.  L.  SEAMAN. 

HENRY  B.  HYDE. 

LIBRARIAN. 

S.  HASTINGS  GRANT. 


ASSISTANT  LIBRARIAN. 

AUG.  D.  WHITE. 


.Staining  Committees 

OF  THE 

BOARD  OF  DIRECTION  FOR  1855. 


LIBRARY  COMMITTEE. 

WM.  H.  WICKHAM,         JOSEPH  F.  HANFORD, 
J.  LAWRENCE  ELDER. 

PURCHASING  COMMITTEE. 

JOHN  CRERAR,  ROWLAND  H.  TIMPSON, 

GEORGE  S.  PARTRIDGE,  Jr. 

FINANCE  COMMITTEE. 

WE  H.  TAYLOR,         FLOYD  CLARKSON, 
W.  L.  SEAMAN. 

LECTURE  COMMITTEE. 

JOSEPH  C.  MORTON,        JOHN  CRERAR, 
ROWLAND  H.  TIMPSON. 

CLASS  COMMITTEE. 

FLOYD  CLARKSON,         WM.  H.  WICKHAM, 
HENRY  B.  HYDE. 

MEMBERSHIP  COMMITTEE. 

J.  LAWRENCE  ELDER,  W.  L.  SEAMAN, 

WM.  II.  TAYLOR. 

COMMITTEE  OF  ARRANGEMENTS. 

W.  L.  SEAMAN,     GEORGE  S.  PARTRIDGE,-  Jr., 
JOSEPH  F.  HANFORD. 

COMMITTEE  ON  ARTS  AND  SCIENCES. 

JOSEPH  F.  HANFORD,  HENRY  B.  HYDE, 

FLOYD  CLARKSON. 

COMMITTEE  ON  RELATIONS  WITH  THE  CLINTON  HALL  ASSOCIATION. 

HENRY  B.  HYDE,     JOSEPH  C.  MORTON, 
WM.  H.  WICKHAM. 

COMMITTEE  ON  FREE  SCHOLARSHIPS. 

ROWLAND  II.  TIMPSON,  J.  LAWRENCE  ELDER, 

JOHN  CRERAR. 


CONSTITUTION 


AS  AMENDED,  JANUARY,  1855. 


We,  the  Subscribers,  engaged  in  mercantile  pursuits  as  Clerks 
in  the  City  of  New  York,  being  desirous  to  adopt  the  most 
efficient  means  to  facilitate  mutual  intercourse,  extend  our  informa- 
tion upon  mercantile  and  other  subjects  of  general  utility,  promote 
a  spirit  of  useful  inquiry,  and  qualify  ourselves  to  discharge  properly 
the  duties  of  our  profession,  and  the  social  offices  of  life, — have 
associated  ourselves  for  the  purpose  of  collecting  a  Library,  estab- 
lishing a  Reading  Room,  and  organizing  a  system  of  instruction  by 
Lectures  and  Classes,  together  with  such  other  means  of  mutual 
improvement  as  may  be  found  advantageous ;  and  have  for  our 
government,  adopted  the  following  Constitution  : — 


CHAPTER  I. 

OF  MEMBERS. 

Art.  1.  This  Association  shall  be  known  by  the  name  of  "The 
Mercantile  Library  Association  "  of  the  City  of  New  York. 

Art.  2.  This  Association  shall  be  composed  of  persons  engaged 
in  mercantile  pursuits  as  Clerks,  and  of  such  other  persons  as  shall 
be  elected  Honorary  Members  by  the  Board  of  Direction,  or  shall 
become  members  as  hereinafter  provided. 

Art.  3.  Any  person  engaged  in  mercantile  pursuits  as  a  clerk 
2 


(3 


CONSTITUTION. 


may  become  a  member  of  this  Association,  if  approved  by  the 
Board  of  Direction,  when  he  shall  have  subscribed  the  Constitution, 
paid  an  initiation  fee  of  $1,  and  81  for  the  first  six  months.  His 
farther  regular  dues  shall  be,  thereafter,  fifty  cents  quarterly  in 
advance. 

Art.  4.  Any  member  of  this  Association  commencing  business 
on  his  own  account,  may  continue  his  membership  upon  the  pay- 
ment of  81  semi-annually  in  advance.  Merchants,  also,  may  become 
members  by  paying  85  annually ;  but  no  merchant  shall  be  entitled 
to  a  vote,  or  eligible  to  any  office.  Persons  not  engaged  in  mercan- 
tile pursuits  may,  if  approved  by  the  Board  of  Direction,  be  admitted 
to  the  use  of  the  Library  and  Reading-rooms,  upon  the  same  terms 
as  merchants.  Such  persons,  also,  may  be  admitted  to  the  privileges 
of  the  Reading-room,  on  the  payment  of  S3  annually  in  advance. 

Art.  5.  Persons  may  be  elected  Honorary  Members  by  the 
Board  of  Direction ;  and  such  persons  shall  be  entitled  to  all  the 
privileges  of  regular  membership,  except  the  right  to  vote  and 
to  hold  office. 

Art.  6.  A  membership  of  at  least  six  months  shall  be  requisite 
to  make  a  member  eligible  to  any  office. 

Art.  T.  If  the  dues  of  any  member  remain  unpaid  for  the  term 
of  twelve  months,  his  privileges  and  rights  of  membership  shall  be 
forfeited,  unless  his  delinquency  be  excused  by  the  Board  of 
Direction. 

Art.  8.  There  shall  be  an  annual  meeting  of  the  members  of  the 
Association,  on  the  second  Tuesday  in  May,  for  the  purpose  of  re- 
ceiving the  Reports  of  the  Treasurer  and  Board  of  Direction,  and 
for  the  transaction  of  such  other  business  as  may  be  presented. 

Art.  9.  The  President,  at  the  request  of  the  Board  of  Direction, 
or  at  the  written  reqtiest  of  one  hundred  members,  stating  the 
reasons  therefor,  shall  call  a  meeting  of  the  members  for  the  trans- 
action of  special  business ;  two  weeks'  notice  thereof  having  beer- 
given. 


CONSTITUTION'. 


7 


CHAPTE R    1 1 . 

OF  OFFICERS. 

Art.  1.  The  Officers  of  the  Association  shall  be  a  President, 
Vice-President,  Corresponding  Secretary,  Recording  Secre- 
tary, Treasurer,  and  Seven  Directors,  to  be  elected  annually  ; 
the  President  by  separate  ballot;  the  other  officers  by  general 
ticket. 

Art.  2.  The  President  shall  preside  at  the  meetings  of  the 
Association;  preserve  order  thereiu;  and,  in  case  of  an  equal 
division  of  the  members  on  any  question,  give  the  casting  vote. 

Art.  3.  The  President  of  the  Association  shall  be  ex-officio 
President  of  the  Board  of  Direction,  in  which  capacity  he  shall  give 
only  a  casting  vote. 

Art.  4.  The  Vice-President,  in  the  absence  of  the  President, 
shall  perform  all  the  duties  of  that  officer. 

Art.  5.  The  Corresponding  Secretary  shall  conduct  the  corres- 
pondence of  the  Association  under  the  superintendence  of  the  Board 
of  Direction. 

Art.  6.  The  Recording  Secretary  shall  keep  an  accurate  record 
of  the  transactions  of  the  Association,  and  of  the  Board  of  Direction. 

Art.  T.  The  Treasurer  shall  give  security,  in  the  sum  of  two 
thousand  dollars,  for  the  faithful  discharge  of  his  trust.  He  shall 
receive  all  dues  and  donations  of  money ;  pay  all  drafts  on  him, 
when  signed  by  the  Secretary  and  countersigned  by  the  President ; 
and  keep  a  regular  account  of  the  fiuancial  concerns  of  the  Associa- 
tion, an  abstract  of  which,  accompanied  by  satisfactory  vouchers,  he 
shall  exhibit  at  each  annual  meeting. 

Art.  8.  The  President,  Vice-President,  Secretaries,  Treasurer, 
and  Directors,  shall  constitute  a  Board  of  Direction,  with  full  powers 
to  appropriate  funds,  enact  by-laws,  and  conduct  the  affairs  of  the 
Association.  The  Board  shall  meet  at  least  once  in  each  month,  for 
the  transaction  of  business ;  and,  at  the  annual  meeting,  report  its 
proceedings  for  the  last  year,  and  the  state  of  the  Association. 

Art.  9.  In  case  of  flagrant  official  or  personal  misconduct,  the 


8 


CONSTITUTION. 


Board  of  Direction  shall  have  power,  by  a  vote  of  three-fourths  of 
its  number,  to  expel  a  member  of  the  Board — two  weeks'  notice  of 
the  charges  against  him  having  been  previously  rendered  in  writing 
to  the  Secretary ;  and  in  case  of  flagrant  misconduct  on  the  part  of 
any  member  of  the  Association,  the  Board  of  Direction  shall  have 
the  power  of  suspending  said  member  by  a  vote  of  three-fourths  of 
their  number — two  weeks'  notice  of  the  charges  having  been  given 
him  by  the  Secretary  in  writing,  and  the  privilege  of  appeal  being 
reserved  to  him  at  the  succeeding  annual  meeting,  for  its  decision 
thereon,  as  to  his  restoration  or  expulsion. 

Art.  10.  In  case  any  vacancies  shall  occur  in  the  Board  of 
Direction,  the  Board  shall  have  power  to  fill  such  vacancies. 

Art.  11.  There  shall  be  an  election  for  Officers  of  this  Asso- 
ciation on  the  Tuesday  succeeding  the  annual  meeting.  The  polls 
to  be  opened  at  8  o'clock,  A.  M.,  and  to  close  at  9  o'clock,  P.  M. ; 
and  no  member  shall  be  entitled  to  vote  who  is  in  arrears  for  dues. 

Art.  12.  Four  weeks  previous  to  each  election  for  Officers  of 
the  Association,  the  Board  shall  give  public  notice  thereof,  and  shall 
also  appoint  Inspectors  to  superintend  said  election  ;  and  if  a  failure 
to  elect  a  Board  of  Direction,  or  any  part  thereof,  shall  occur,  said 
Inspectors  shall  order  a  new  election,  to  be  held  within  one  week 
thereafter,  to  fill  such  vacancy. 

Art.  13.  The  Board  of  Direction  shall  enter  upon  the  perform- 
ance of  its  duty  on  the  Tuesday  next  succeeding  their  election. 


CHAPTER  III. 

OF  THE  LIBRARY,  READING-ROOM,  AND  CABINET. 

Art.  1.  The  Board  of  Direction  shall  have  power  to  make  all 
proper  provisions  and  regulations  for  the  preservation,  management, 
and  direction  of  the  Library,  Reading-rooms,  and  Cabinet. 

Art.  2.  It  shall  be  the  duty  of  the  Board  to  appoint  a  Librarian, 
with  such  Assistants  as  may  be  deemed  necessary,  and  to  require  of 


CONSTITUTION.  0 

him  sufficient  sureties,  in  a  sum  not  less  than  $2,000,  for  the  faith- 
ful discharge  of  his  duties. 

Art.  3.  A  Committee  shall  be  appointed  by  the  Board  of 
Direction  to  examine  the  books  and  other  property  of  the  Associa- 
tion, and  report  thereon,  at  least  one  month  previous  to  each  annual 
meeting. 

Art.  4.  There  shall  be  no  alteration  in  this  Constitution,  unless 
the  same  shall  have  been  proposed  to  the  Board  of  Direction  at 
least  one  month  previous  to  an  annual  meeting,  and  then  approved 
by  two-thirds  of  the  members  of  the  Association  present  at  such 
meeting. 


CHAPTER  IV. 

OF  DONATIONS  AND  BEQUESTS. 

Art.  I.  In  case  any  moneys  shall  accrue  to  the  Association  by 
gift  or  devise  (without  condition  as  to  the  mode  in  which  such 
donation  shall  be  expended),  it  shall  be  the  duty  of  the  Board  of 
Direction  to  fund  the  moneys  thus  acquired  in  such  securities  as 
shall  be  approved  of  by  two-thirds  of  their  number ;  and  no  part  of 
the  principal  of  such  fund  shall  be  expended  for  any  purpose  what- 
ever, without  the  previous  sanction  of  two-thirds  of  the  members 
present  at  a  special  or  annual  meeting  of  the  Association. 


Article  1.  The  Library  shall  be  open  from  7 J  o'clock,  A.  M., 
until  9  o'clock,  P.  M. ;  and  the  Reading-room  from  1 J  o'cock,  A. 
M,,  until  10  o'clock,  P.  M.,  every  day  except  Sundays,  Fourth  of 
July,  Annual  Thanksgiving,  Christmas,  New  Year's  Day,  and  such 
other  days  as  the  Board  of  Direction  may  designate ;  excepting- 
during  the  months  of  November,  December,  January,  and  February, 
when  the  opening  hour  shall  be  8  o'clock,  A.  M. 

Art.  2.  The  Librarian  shall  keep  a  full  and  accurate  catalogue 
of  all  the  books,  magazines,  maps,  charts,  newspapers,  and  works  of 
art  belonging  to  the  Association,  and  arrange  them  in  proper  order ; 
he  shall  keep  a  duplicate  of  the  same,  which  shall  at  all  times  be 
open  to  the  inspection  of  the  members.  He  shall  make  a  record  of 
all  books,  maps,  charts,  &c,  presented  to  the  Association,  in  a  book 
provided  for  that  purpose,  with  the  names  of  the  donors. 

Art.  3.  He  shall  register,  in  ledgers  prepared  for  that  purpose, 
and  to  be  kept  in  the  library  room,  the  name  of  every  member  of 
the  Association,  and  shall  in  no  case  deliver  a  book  to  any  member 
until  the  name  of  such  member  is  so  registered  ;  he  shall  therein 
preserve  an  accurate  account  of  the  number  of  every  volume  deli- 
vered by  him,  the  name  of  the  person  to  whom  delivered,  the  time 
of  taking  and  returning  the  same,  together  with  the  forfeiture 
arising  from  every  default. 

Art.  4.  He  shall  collect  all  dues  and  forfeitures  incurred  by 
the  members,  and  account  for  the  same  to  the  Treasurer,  at  the 
close  of  each  month,  or  oftener  if  required  by  the  Board  of  Direc- 
tion. 

Art.  5.  He  shall,  at  the  close  of  each  year,  or  oftener,  if  re- 
quired, report  to  the  Board  of  Direction  the  names  of  such  members 


BY-LAWS  AND  REGULATIONS. 


II 


as  may  refuse  to  pay  their  forfeitures,  or  lose  or  damage  any  book 
belonging-  to  the  Library  ;  and  the  names  of  all  delinquents,  with 
the  amount  of  dues  remaining  unpaid. 

Art.  6.  He  shall  suffer  no  person,  except  members  of  the- 
Board,  to  remove  a  book  from  its  place  in  the  Library  without  his 
permission  ;  nor  shall  he  allow  any  but  Directors  and  ex-officers,  to 
frequent  the  alcoves  or  space  within  the  inclosure. 

Art.  7.  He  shall  replace  the  books  in  proper  order  upon  the 
shelves,  as  soon  as  may  be  after  they  are  returned ;  having  first 
examined  them  with  care,  and  ascertained  whether  they  have  been 
injured  or  defaced. 

Art.  8.  He  shall  see  that  the  books,  library -room,  and  reading- 
rooms,  are  kept  in  good  order  ;  shall  duly  observe  the  instructions 
which  may  be  given  him  by  the  Board  of  Direction,  and  take  care 
that  the  regulations  relative  to  the  loaning  of  books  be  strictly 
adhered  to. 

Art.  9.  He  shall  ascertain,  during  the  months  of  January, 
April,  July,  and  October,  by  examination  of  the  account  of  each 
member,  the  book  or  books  not  then  returned  to  the  Library  in  due 
season ;  and  he  shall  cause  the  same  to  be  procured  of  the  member 
in  default. 

Art.  10.  He  shall  deliver  to  any  member  applying  personally, 
or  to  his  writtex  order,  one  volume,  if  it  be  a  folio  or  quarto ;  and 
one  book  or  set  (not  exceeding  three  volumes),  if  an  octavo,  a  duo- 
decimo, or  volume  of  less  size. 

Art.  11.  Every  member  may  detain  each  book  or  set  delivered 
as  aforesaid,  if  it  be  a  folio  or  quarto,  four  weeks ;  an  octavo,  three 
weeks ;  or  a  book  or  a  set  of  less  size,  two  weeks ;  except  such 
works  as,  by  order  of  the  Board  of  Direction,  shall  be  detained  for 
a  shorter  time,  and  which  shall  not  be  renewed. 

Art.  12.  Any  member  who  shall  detain  a  book  or  set  longer 
than  the  time  above  limited,  respectively,  shall  forfeit  and  pay  to 
the  Librarian,  for  every  day  a  volume  is  so  detained,  if  it  be  a  folio, 
four  cents ;  a  quarto,  three  cents  ;  an  octavo,  two  cents ;  if  it  be  a 
duodecimo,  or  smaller  volume,  or  a  pamphlet,  one  cent ;  provided, 


12 


BY-LAWS  AND  REGULATIONS. 


always,  if  a  whole  set  be  taken  out,  and  a  part  of  it  det  ained  longer 
than  the  time  above  limited,  the  fine  shall  be  exacted  for  each  book 
not  returned  ;  and  if  such  book  be  detained  one  week  beyond  the 
time  above  limited,  the  forfeiture  shall  be  doubled. 

Art.  13.  If  any  member  lose,  or  deface  with  marginal  notes, 
or  by  marking,  or  otherwise  injure  a  book,  he  shall  make  the  same 
good  to  the  Librarian;  and  if  the  book  lost  or  injured  be  one  of  a 
set,  he  shall  pay  the  Librarian,  for  the  use  of  the  Association,  the 
full  value  of  said  set,  and  may  thereupon  receive  the  remaining  vol- 
umes as  his  property. 

Art.  14.  No  member  shall  be  permitted  to  receive  a  book  from 
the  Library  until  he  shall  have  paid  all  sums  due  from  him  to  the 
Association,  and  made  good  all  damages  and  losses  which  he  may 
have  occasioned. 

Art.  15.  The  books  marked  in  the  catalogue  as  books  of  refer- 
ence, thus  (*),  and  such  others  as  may  from  time  to  time  be  specially 
designated  by  the  Board,  shall  not  be  taken  from  the  Library,  except 
by  special  permission  of  a  member  of  the  Board  of  Direction. 

Art.  16.  Any  member  wishing  to  withdraw  from  the  Associa- 
tion, must  inform  the  Librarian  of  it,  see  that  his  resignation  is 
registered,  and  pay  up  his  dues  and  fees ;  else  he  will  be  considered 
as  continuing  a  member,  and  charged  accordingly — unless  otherwise 
ordered  by  the  Board  of  Direction. 

Art.  17.  No  book  shall  be  reserved  by  the  Librarian  for  any 
director  or  member. 


Article  1.  The  Reading-room  shall  be  under  the  supervision  of  the 
superintendent,  who  shall  take  charge  of,  and  keep  in  their  places,  all 
the  books,  periodicals,  and  newspapers  kept  therein ;  he  shall  also  supply 
the  occupants  of  the  room  with  such  books  from  the  Library  as  they 
may  wish  to  consult ;  and  shall  enforce  such  rules  and  regulations,  for 
the  government  of  this  department,  as  the  Board  may  enact. 

Art.  2.  Blank  forms  will  be  furnished  by  the  superintendent  to 
those  who  desire  to  consult  works  from  the  Library,  in  which  the  appli- 
cant shall  fill  in  the  title  of  the  work  and  date  of  application,  and  affix 
his  signature  and  number  of  folio  thereto,  or  Xo.  of  his  card  of  admis- 
sion if  a  visitor ;  when  he  shall  obtain  the  book  with  but  little  delay ; 
and  such  applicant  will  be  held  responsible  for  it,  until  the  redemption 
of  the  written  application  by  the  return  of  the  work. 

Art.  3.  None  but  members  shall  be  allowed  the  privilege  of  the 
Reading-room,  unless  introduced  by  a  member  of  the  Association  ;  and 
members  shall  exhibit  their  tickets  of  subscription,  when  required  to  do 
so  by  the  superintendent ;  and  no  member  will  be  allowed  the  use  of 
the  Reading-room,  unless  all  dues  and  forfeitures  incurred  are  liquida- 
ted. 

Art.  4.  Any  member  may  have  the  privilege  of  introducing  a  friend 
who  is  a  non-resident,  whose  name  shall  be  registered  by  the  Librarian 
in  a  book  provided  for  that  purpose,  and  who  will  receive  a  card  of 
admission  to  the  Reading-room  for  the  term  of  four  weeks  :  persons  so 
introduced  may  consult  books  in  the  Library  and  Reading-room,  but 
shall  not  be  privileged  to  take  them  out  of  the  rooms  of  the  Association. 

Art.  5.  Any  member  who  shall  mutilate  the  periodicals  or  papers 
placed  in  the  Reading-room,  or  remove  them  therefrom,  shall  be  liable 
to  a  fine  equal  to  four  times  the  cost  thereof. 

Art.  6.  Xo  periodical  work  shall  be  taken  from  the  room  until  two 
months  shall  have  elapsed  from  the  time  of  its  being  received. 

Art.  7.  No  conversation  shall  be  allowed  in  the  Reading-room 
otherwise  than  in  a  whisper. 

Art.  8.  No  member  shall  be  permitted  to  sit  in  the  Reading-room 
with  his  hat  on,  nor  will  smoking  be  allowed  in  any  of  the  rooms  of  the 
Association. 


lecture  Jfttitil  of  1852. 


The  securities  and  funds  in  the  hands  of  the  "  Trustees  of  the  Lec- 
ture Fund  of  1852,"  are  intended  to  form  the  basis  of  a  permanent  Lec- 
ture Fund,  for  the  benefit  of  the  Mercantile  Library  Association,  which 
may  be  increased  by  appropriations  from  the  profits  of  lectures  and 
classes  of  each  year,  by  donations,  by  accumulations,  and  other  methods. 

It  shall  be  the  duty  of  said  Trustees  to  invest  the  principal  of  said 
Fund  in  such  real  estate  securities  as  they  may  approve,  and  to  invest 
in  the  same  manner  the  accumulations  and  additions  to  the  said  Fund, 
if  not  otherwise  appropriated,  whenever  the  same  shall  have  reached  a 
convenient  amount  for  that  purpose  ;  and  to  deposit  all  moneys  belong- 
ing to  said  Fund,  not  thus  invested,  in  whatever  savings  bank  they  may 
appoint.  The  said  Trustees  shall  have  no  power  to  expend  the  princi- 
pal of  said  Fund — but  may,  in  their  discretion,  appropriate  the  annual 
income  to  reimburse  the  directors  of  the  Association  for  losses  incurred 
in  the  delivery  of  lectures — (such  appropriations  not  to  exeeed,  how- 
ever, the  income  of  the  current  year,)  or,  if  sufficient  for  the  purpose, 
for  the  establishment  of  lectures,  to  be  delivered  before  the  members  of 
the  Association.  All  such  appropriations  to  be  expended  by  the  Board 
of  Direction  of  the  Association. 

Said  Trustees  shall  consist  of  the  President  and  Corresponding  Sec- 
retary of  the  Mercantile  Library  Association,  and  the  President  of  the 
Clinton  Hall  Association  ex-ojficio,  and  two  members  not  officers  of  the 
Association,  with  power  to  supply  any  vacancy  which  may  occur  in 
their  body  until  the  annual  meeting  succeeding  such  vacancy,  when  a 
new  Trustee  shall  be  chosen.  They  shall  be  known  as  the  Trustees  of 
the  Lecture  Fund  of  1852,  and  shall  have  power  to  appoint  their  own 
officers,  and  to  make  such  by-laws  and  rules  as  may  be  necessary  for 
their  own  regulations — and  shall  present  an  annual  report  to  the  Board 
of  Direction  at  least  one  week  before  the  annual  meeting. 

Wilson  G.  Hunt,  President  of  C.  H.  Assn,  ~] 
George  C.  AVood,    "       "     M.  L.    "       y  Ev-otficio  Trustees. 


Joseph  C.  Morton,  Cor.  Secy,      "     "  J 
Daniel  F.  Appleton,  chosen  at  the  Annual  Meeting, ' 
AVillard  L.  Felt,  "  "  " 


)■  Trustees. 


%xtitltB  of  %%xttmnt 


BETWEEN 

THE  CLINTON  HALL  ASSOCIATION  OF  THE  CITY  OF  NEW  YORK, 

AND  THE 

MERCANTILE  LIBRARY  ASSOCIATION  OF  NEW  YORK. 


This  agreement  between  the  "Clinton  Hall  Association  of  the  City  of 
New  York,"  of  the  first  part,  and  the  "Mercantile  Library  Association  of 
the  City  of  New  York,"  of  the  second  part, 

Witnesseth,  Tliat  whereas  the  Clinton  Hall  Association,  in  view  of  their 
original  plan  and  articles  of  subscription,  for  the  better  "attainment  of  the 
objects  for  which  said  Association  was  established,  have  sold  the  building 
called  Clinton  Hall,  at  the  south-west  corner  of  Nassau  and  Beekman  streets, 
and  have  purchased  the  premises  known  as  the  Opera  House,  situated  at 
the  intersection  of  Astor  Place  and  Eighth  Street,  and  are  altering,  arranging, 
and  fitting  up  the  same,  according  to  their  plans  now  adopted ; — they 
do  hereby  stipulate  and  agree  with  the  Mercantile  Library  Association,  as 
follows : 

1.  That  the  party  of  the  second  part  may  occupy,  free  of  rent,  two  rooms 
in  said  building,  designated  on  said  plans  as  the  Library  and  Reading- 
room,  for  those  purposes ;  also,  four  apartments  to  be  set  apart  hereafter 
by  the  party  of  the  first  part,  for  class-rooms  (if  required)  and  other  pur- 
poses, in  accordance  with  the  objects  of  the  Mercantile  Library  Association  ; 
and  may  also  use  the  Lecture  Hall  for  the  general  meetings  of  the  Associa- 
tion, and  for  lectures  to  be  delivered  to  its  members,  as  often  as  twice  in 
each  week :  which  privileges  shall  be  enjoyed  under  such  terms  and  condi- 
tions as  are  hereinafter  expressed,  and  for  as  loDg  a  time  as  they  are  fulfilled 
to  the  satisfaction  of  the  party  of  the  first  part.  Additional  room  for  the 
Library  and  Reading-room,  and  additional  nights  for  the  use  of  the  Lecture 
Hall,  shall  be  set  apart,  if  necessary,  upon  the  same  conditions. 

2.  That  when  the  cost  of  altering,  arranging,  and  fitting  up  said  prem- 
ises, at  the  intersection  of  Astor  Place  and  Eighth  Street,  and  the  cost  of 
the  site,  with  the  accruing  interest,  shall  have  been  paid,  either  by  new  sub- 
scriptions, by  the  rents  of  the  building,  or  from  any  other  source,  the  sur- 
plus funds  arising  from  rents  shall  be  laid  out  in  such  books,  cabinets,  or 
scientific  apparatus,  as  the  party  of  the  first  part  may  deem  proper;  the 
said  part\-  reserving  to  itself  the  right  to  make  earlier  appropriations  for 
these  purposes.  All  such  books,  cabinets,  or  apparatus,  shall  continue  to 
belong  to  the  party  of  the  first  part,  and  shall  be  deposited  in  the  building, 
and  be  used  by  the  members  of  the  Clinton  Hall  and  Mercantile  Library 
Associations,  under  such  regulations  as  may  be  made  by  the  party  of  the 
first  part  for  that  purpose. 

And  the  party  of  the  second  part  doth  hereby  stipulate  and  agree,  with 
the  party  of  the  first  part,  as  follows  h 

1.  That  its  Library  shall  be  deposited  in  the  room  or  rooms  of  said 


16 


ARTICLES   OF  AGREEMENT. 


building  appropriated  to  receive  it ;  that  the  room  or  rooms  set  apart  as 
Reading-rooms,  shall  be  used  by  its  members  for  that  purpose;  and  that  the 
Lecture  Hall  shall  be  used  for  the  general  meetings  of  the  Association,  and 
for  the  lectures  which  are  delivered  to  its  members. 

2.  That  during  the  continuance  of  this  agreement,  it  will  pay  the  taxes 
on  said  building,  if  an)'  are  imposed  ;  and  will,  at  its  own  cost,  keep  the 
rooms  it  occupies  in  full  and  complete  repair,  and  defray  such  proportion  of 
the  expenses  of  lighting  and  warming  the  house  as  may  be  fair  and  equita- 
ble. 

3.  That  the  whole  income  of  the  party  of  the  second  part,  after  defraying 
the  necessary  charges  of  the  establishment  (not  including  the  expense  of 
lectures)  shall  be  annually  invested  in  books,  which  shall  be  deposited  in 
the  Library,  with  its  other  books ;  and  the  shareholders  of  the  Clinton  Hall 
Association  shall  have  access  to  the  Library,  free  of  charge,  under  the  same 
regulations  as  the  members  of  the  Mercantile  Library  Association  are  sub- 
jected to,  without  giving  to  such  shareholders  a  right  to  vote  in  the  elections 
of  that  Association. 

4.  That  in  case  the  Trustees  of  the  Clinton  Hall  Association  shall  be  of 
opinion  that  the  party  of  the  second  part  shall  convert  the  rooms  it  occupies 
in  the  said  building  to  any  purpose  not  intended  by  the  party  of  the  first 
part ;  or  that  the  character  of  the  Mercantile  Library  Association  shall  have 
become  so  changed  that  its  usefulness  shall  have  ceased ;  or  that  it  shall 
have  deposited  immoral  or  irreligious  books  in  its  Library,  and  not  removed 
them  within  twenty  days  after  being  advised  to  do  so  by  the  Trustees  of  the 
Clinton  Hall  Association ;  or  that  they  shall  have  wilfully  neglected  or 
violated  any  of  the  stipulations  contained  in  this  agreement — then  the  said 
Trustees  may  call  a  meeting  of  the  shareholders  of  the  Clinton  Hall  Associa- 
tion and  the  Directors  of  the  Mercantile  Library  Association,  and  lay  before 
the  meeting  the  facts  to  show  that  either  of  those  contingencies  has  occurred ; 
and  the  shareholders  of  the  Clinton  Hall  Association,  after  a  full  considera- 
tion, may  determine  to  resume  the  use  and  occupation  of  the  rooms  so 
appropriated,  and  the  books,  cabinets,  and  apparatus,  purchased  by  the  party 
of  the  first  part ;  and  such  determination  shall  be  final  and  conclusive  on 
the  party  of  the  second  part,  who  shall  thereupon  surrender  and  give  up 
the  premises  and  the  said  books,  cabinets,  and  apparatus,  to  the  party  of  the 
first  part,  and  shall  remove  from  said  building  after  thirty  days'  notice  of 
such  determination. 

5.  That  the  shareholders  of  the  Clinton  Hall  Association  may  attend  the 
course  of  lectures  which  may  be  delivered  to  the  Mercantile  Library  Asso- 
ciation, on  the  same  terms  as  are  enjoyed  by  its  members. 

In  witness  whereof,  the  said  parties  have  respectively  caused  their 
corporate  seals  to  be  hereunto  affixed,  and  these  presents  to  be  signed  by 
their  respective  Presidents,  the  third  day  of  November,  one  thousand  eight 
hundred  and  fifty-three. 

THE  CLINTON  HALL  ASSOCIATION, 

By  "Wilson  G.  Hunt,  President.       [l.  s.] 

THE  MERCANTILE  LIBRARY  ASSOCIATION 
OF  THE  CITY  OF  NEW  YORK, 
By  WiliArd  L.  Felt,  President.       [l.  s.] 


r, 


